The Supreme Court Bar Association (SCBA) has approached the Supreme Court under Article 32 of the Constitution, seeking accountability over the alleged manhandling and detention of lawyers near the apex court on October 10 amid protests against Chief Election Commissioner Gyanesh Kumar.
The petition alleges that several advocates, including senior lawyers, women and senior citizens, were forcibly taken away in police vehicles without being informed of the grounds for their detention. According to the SCBA, it received videos of the incident, and the lawyers were subsequently released following intervention.
The association has sought a status report detailing the circumstances of the detentions, their legal basis and duration, the police personnel involved, the use of force and the instructions issued through the chain of command.
SCBA questions restrictions around courts
The petition also challenges the implementation of prohibitory restrictions under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), alleging that barricades around the Supreme Court and other courts have obstructed access for lawyers and litigants.
The SCBA has raised concerns over the suspension of internet services and the closure of the Supreme Court Metro Station, claiming that these measures were imposed without consultation with the Chief Justice of India.
It has asked the court to direct authorities to produce the order issued under Section 163 of the BNSS, along with the reasons for the restrictions, their territorial extent and duration.
The association has also sought the preservation of CCTV footage, body-camera recordings, detention records and other material related to the October 10 incident.
Seeks access safeguards for lawyers, litigants
The SCBA has urged the court to review the restrictions and ensure that they remain limited to what is legally necessary and proportionate. It has sought designated access routes and clear instructions to facilitate the movement of advocates, litigants and others with legitimate reasons to visit the Supreme Court, Delhi High Court, Patiala House Courts, Rouse Avenue Courts and lawyers' chambers.
The petition also seeks safeguards for advocates who may be unable to attend court because of the restrictions.
Clarifying its position, the SCBA said it does not support strikes, boycotts or abstention from court work.
The petition was drawn by advocate Reepak Kansal and filed by advocate-on-record Pragya Baghel. The Supreme Court Advocates on Record Association has also filed a petition challenging the police action against lawyers.
Supreme Court orders protection against illegal detention
The development follows a special sitting of the Supreme Court on Sunday, during which it ordered that unarmed citizens must not be illegally detained and that lawyers, journalists and other professionals must not be prevented from performing their professional duties.